Section 6 — Unauthorised operation of licensable SRH

(1)A person must not operate a licensable SRH unless the person —

(a)is authorised to do so by a licence;

(b)is exempt from this section; or

(c)is directed by the Director‑General under section 26(3) to do so despite the expiry, lapse or revocation of the licence for that licensable SRH.

(2)A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —

(a)to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both; but

(b)if the person has any previous qualifying conviction, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both.

(3)In subsection (2), “qualifying conviction” means —

(a)a conviction for an offence under subsection (2); or

(b)a conviction (whether before, on or after the date of commencement of this section) for an offence under —

(i)section 4(1) or (4) of the Homes for the Aged Act 1988 as in force immediately before the date of commencement of this section; or

(ii)section 62(2) of the Children and Young Persons Act 1993 as in force immediately before the date of commencement of this section.